PHOENIX — "Do you swear and affirm the testimony you give will be the truth, the whole truth?" It's a question presiding Judge Anna Huberman asks on repeat.
If it's Wednesday, Judge Huberman is usually in a Maricopa County Justice Court trying to decide eviction cases.
"We are at historic numbers," Huberman said as the Let ABC15 Know team spent an afternoon in the courtroom.
It's busy; with more than twenty eviction cases on the afternoon schedule.
"Seems like every month we keep surpassing the number of filings," said Huberman.
7,903 new eviction cases were filed in July just in Maricopa County. That's the third-highest filing amount ever recorded.
More than 50,100 new eviction cases have been filed so far this year.
If the monthly eviction filings continue to follow this trend, 2024 will break the all-time record for eviction filings.
Go "Inside the Numbers" with ABC15's Garrett Archer analyzing eviction data.
That means tens of thousands of renters are having to leave their homes and try to find a place they can afford.
Judge Huberman says courts have seen a slow and gradual increase in eviction filings since COVID-19 pandemic protections ended. But that slow rise can lead to some startling numbers.
According to court records, eviction filings were up 21% when compared to pre-pandemic levels in 2019.
"I also had expenses, I had to buy food," one tenant explained in court when speaking about why they had not paid rent. Another tenant explains, her father's "business went under" and they couldn't afford their rental payment.
Unfortunately, hardship is not a legal defense for non-payment of rent.
Huberman says when someone appears in her court, they're often facing other challenges - like the loss of a job or a sudden medical diagnosis.
"There's so many things that impact them, you know? I just try to make it as empathetic as I can with them," she explains.
Most tenants do not know how the eviction process works until they are going through it themselves. At that point, tenants are up against the clock.
If you think you might be late paying rent, Huberman suggests talking with your landlord before a missed payment. Make sure to get any deal in writing. Once an eviction is filed, it may be more difficult.
"Once a case has been filed in court, if the landlord accepts any type of payment from the tenant then they cannot continue with the court case. So landlords will not talk to the tenants once a case has been started," explained Huberman.
If you can get caught up on your payments before a judgment is signed, your case could be dismissed and not have the filing on your record.
"The law in Arizona makes the eviction process very fast and there's very little time to intervene and to be able to change the outcomes," Huberman said.
If a tenant has not made their payments, a judgment will be signed for the landlord. According to court records, the average judgment signed is more than $3,100.
Once a landlord has been awarded a judgment, the only way a tenant can stay in the rental unit is by working out an agreement with the landlord. Any post-judgment agreement should be in writing and signed by both parties.
When vacating a rental, make sure to hand the keys over to someone in person. Until the landlord has the keys in their possession, the tenant is still technically in the unit and incurring daily rent.
Tenants can ask the landlord to seal the case so it does not appear on their rental history.
Tenants can win cases if they prove the landlord didn't follow a strict eviction process, before and after filing.
That includes getting a five-day non-payment notice before an eviction can be filed.
It gives renters a chance to pay, work out a plan, or leave.
The moment a tenant thinks they'll have a problem paying rent, they should look for help. Do not wait until an eviction is filed to apply. Check with your city, county, and state assistance programs.
Huberman says sometimes tenants make choices that hurt them, like withholding rent payments until the landlord makes repairs.
"They [tenants] come to court because they didn't pay their rent and they want to complain about their air conditioning, or you know, the toilet, that's not working. But that's not the time to do it. They should have done something at a different stage in a different way,'" she says.
If you want to stay in your place, follow the rules for reporting repair issues, pay the rent, and work on the reimbursement separately.
The Arizona Attorney General's Office has more information about your rights as a renter.
From all she's seen on the bench, Huberman's biggest advice is to be prepared and know your rights.
"I think that everybody should be educated before the process starts. No one has an incentive to look into this until once you're in the process, and sometimes it's too late," Huberman said.
Communication with your landlord is also very important. She also encourages every tenant to read their entire lease before signing, even if it's tedious.
"I can see how anyone would get bored after page two, but then somewhere in page 20, on the bottom paragraph, there's something that was written there that then comes back," said Huberman.
The Maricopa County Justice Courts offers more about the eviction filing process, including how notices and summons must be delivered and what they must include.
AZEvictionHelp.org is also a resource for tenants with eviction questions.
Community Legal Services offers free legal help for renters facing eviction if they meet requirements.
